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DOLAN v. STATE

Nos. 345/368, 2006.

925 A.2d 495 (2007)

Michael DOLAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 10, 2007.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Office of the Public Defender, Wilmington, DE, for appellant.

Kevin M. Carroll, Department of Justice, Wilmington, DE, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

STEELE, Chief Justice:

Defendant-appellant Michael Dolan appeals his conviction for burglary in the second degree.1 Dolan argues on appeal that the Superior Court judge who convicted him after a bench trial erred in two respects. Specifically, the trial judge: (1) incorrectly interpreted 11 Del. C. § 825(a) in ruling that Dolan formulated the necessary intent to commit a crime in a dwelling after illegally entering the Delaneys...

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